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In order to implement the "Regulation of the People's Republic of China on International Marine Transportation", we hereby announce the relevant matters as follows in accordance with the Marine Transportation Regulation. The Announcement shall come into force on the date of its promulgation. Article 1. The vessels operated by overseas international shipping companies shall not be affiliated to any Chinese port, and may not, if issuing bills of lading or relevant transportation documents inside the territory of China, undertaking cargos, charging freights or engaging in international transportation by liner with containers to and from Chinese ports, engage in the international transportation of cargos to and from Chinese ports until having obtained the qualification for non-vessel shipping business in accordance with Articles 7 and 8 of the Marine Transportation Regulation. The above provisions especially apply to the international shipping companies that carry cargos they have undertaken in Chinese ports to overseas ports for transshipment by way of chartering space from vessels or by using the feeder service. Article 2. An overseas international shipping company engaged in international transportation by liner with containers to and from Chinese ports or a non-vessel shipping business operator shall designate an office inside the territory of China which can be contacted by the governmental administrative department of communications. The contact office's main responsibilities are: (1) to be responsible for contacting on behalf of the company in the relevant procedures for the company's implementation of the Marine Transportation Regulation and in the relevant judicial procedures; (2) to be responsible for contacting on behalf of the company in the company's implementation of the Marine Transportation Regulation and the obligations in the relevant provisions of the State; and (3) to be responsible for serving the relevant legal documents and governmental documents. Within a reasonable time limit after the relevant legal documents and governmental documents are served to the contact office, the company shall be regarded to have received the documents. A designated contact office shall have a fixed domicile inside the territory of China. If an overseas international shipping company has established a wholly-owned shipping company in China. Such wholly-owned shipping company shall be the contact office unless otherwise specially declared, and no contact office needs to be separately designated; if any other overseas international shipping company has entrusted more than one international shipping agency companies at different ports inside the territory, it shall designate one of the said agency companies to be the contact office. An overseas international shipping company's or non-vessel shipping business operator's representative office in China may act as a contact office of such a company, provided that is must be designated. An overseas international shipping company or non-vessel shipping business operator shall, when applying for the registration of its qualification, submit the name, domicile and ways of contact of the contact office, the agreement between the company and the contact office or the counterpart of the power of attorney, to the Ministry of Communications for record. A shipping company or non-vessel shipping operator that has obtained the operational qualification shall complete the formalities of record within 20 days as of promulgation of the present Announcement. If a designated contact office is to be changed, the company shall file for record with the Ministry of Communications 15 days in advance. Article 3. An overseas non-vessel shipping business operator that has no operational branch inside the territory of China shall entrust a local operator with the qualification for operating the non-vessel shipping business to represent the business of issuing bills of lading. If a Chinese non-vessel shipping business operator engages in the non-vessel shipping business in a region without any established branch, and needs to entrust an agent to represent the business of issuing bills of lading, the agent shall also have the qualification for operating the non-vessel shipping business. A company without obtaining the qualification for operating the non-vessel shipping business shall not be entrusted by any other non-vessel shipping business operator to represent the issuance of bills of lading. Article 4. An overseas non-vessel shipping business operator and the Chinese-foreign joint venture company which it invests in to establish may choose either of the following two methods to apply for registration of the qualification for non-vessel shipping business: (1) A Chinese-foreign joint venture company established in China by an overseas non-vessel shipping business operator may apply for the qualification for operating the non-vessel shipping business in the identity of a joint venture company. If it applies for operational qualification in the identity of the joint venture company, it must submit a sample of the format of the bills of lading produced and used by the joint venture company. If the same overseas non-vessel shipping business operator have invested to establish more than one Chinese-foreign joint venture companies inside the territory of China, and such joint venture companies produce and use bills of lading with the same name, one of them may apply for the registration of qualification in the name of the general company, while other companies shall make the registration of qualification under the conditions for branches. Under such a circumstance, if the overseas non-vessel shipping business operator intends to undertake business in China, it must obtain a separate operational qualification in accordance with the law; or (2) A Chinese-foreign joint venture company established in China by an overseas non-vessel shipping business operator may apply for the operational qualification in the identity of the overseas non-vessel shipping business operator's branch in China. If a Chinese-foreign joint venture company invested and established by an overseas non-vessel shipping business operator does not produce and use its own bills of lading, it may be regarded as the overseas non-vessel shipping business operator's branch in China to make the registration of qualification after the overseas non-vessel shipping business operator has lawfully obtained the qualification for operating non-vessel shipping business in China, provided that such kind of joint venture companies may not produce or use their own bills of lading. Article 5. For a wholly-owned subsidiary company or holding company invested and established by an enterprise as a Chinese legal person, if it issues its parent company's bills of lading after the parent company has lawfully obtained the qualification for operating the non-vessel shipping business, it may make the registration of qualification under the conditions for branches. If a wholly-owned subsidiary company or holding company produces and uses the bills of lading with its own name, the preceding paragraph shall not apply. Article 6. If, when one company applies for registration of qualification for two or more trade names, the applicant is able to provide materials to prove that the trade names and bills of lading are owned or held by the same company which bears the legal liabilities, it may make the registration of qualification for the company's trade names and bills of lading at one time. Article 7. The provisions concerning the procedures on the qualification for operating the non-vessel shipping business registration are as follows: (1) A Chinese legal-person enterprise applying for the qualification for operating the non-vessel shipping business shall submit the application materials via the local administrative department of communications at the provincial level; if an overseas non-vessel shipping business operator applies to engage in the non-vessel shipping business, it may submit the application materials via the administrative department of communications at the provincial level where its designated contact office is located. The Communications Bureau (Commission) of Dalian, Qingdao, Xiamen or Shenzhen City may directly accept the application materials submitted via the inferior bureau (commission). The application materials include: 1. an application letter for engaging in the non-vessel shipping business; 2. the photocopies of the company's industrial and commercial registration documents; 3. the authentic and effective public notary documents which can prove the company's industrial and commercial registration documents; 4. the enterprise's articles of association; 5. a sample of format of the bills of lading; and 6. the name, domicile, ways of contact of the designated contact office, and the counterpart of the power of attorney (applicable for the circumstance prescribed in Article 2 of the present Announcement). The relevant administrative department of communications shall, within 10 days as of receipt of the above said materials, transfer them to the Ministry of Communications. The bank voucher proving that the applicant has deposited the guaranty bonds to the bank designated by the Ministry of Communications shall be directly mailed by the applicant to the Ministry of Communications; (2) A newly invested and established company shall, if engaging in the non-vessel shipping business, file an application to the Ministry of Communications according to the procedures prescribed in the present Announcement. The application materials include: 1. an application letter for engaging in the non-vessel shipping business; 2. the documents on proof of the investor's credit; 3. the company's articles of association; and 4. the materials on proof of two senior managers' experience in the trade of international marine transportation for three years or more. The relevant administrative department of communications shall, within 8 days as of receipt of the above said materials, transfer them to the Ministry of Communications. If the above said materials are complete and effective, the Ministry of Communications shall, within 7 days, issue the document on proof of the preparation for the establishment of the company operating the non-vessel shipping business. The applicant shall bring this document of proof to the department for industry and commerce for making industrial and commercial registration, and shall, after going through the relevant formalities in the departments of foreign exchange, taxation and customs, deposit the guaranty bonds in a bank designated by the Ministry of Communications, and also mail the bank voucher on the guaranty bonds and a sample of the format of bills of lading to the Ministry of Communications for obtaining the certificate on registration of the qualification for the non-vessel shipping business. Article 8. An international shipping agency company or other investor is encouraged to lawfully establish a branch or international shipping agency company in the inland region outside the port, and to be entrusted by the ship owner, charterer or ship operator to operate the business listed in Items (2) through (7) of Article 29 of the Marine Transportation Regulation. To establish a branch or international shipping agency company in the inland region, the applicant shall submit the following documents via the local administrative department of communications at the provincial level to the Ministry of Communications, which shall handle the registration of qualification: (1) an application letter for establishing the branch or international shipping agency company; (2) the company's articles of association; (3) the documents on proof of the investor's credit (not applicable under the circumstance of establishing a branch); and (4) the materials on proof of no less than two senior managers' experience in the trade of international marine transportation for three years or more. Under particular circumstances, the applicant may directly submit the application to the Ministry of Communications. Article 9. In case Announcement No. 1 of the Ministry of Communications on Implementing the "Regulation of the People's Republic of China on International Marine Transportation" or the "Notice on the Relevant Matters Concerning the Implementation of the Regulation of the People's Republic of China on International Marine Transportation" (No. 51 [2002] Promulgated by the Water Transportation Department under the Ministry of Communications) is inconsistent with any provision of the present Announcement, the present Announcement shall prevail. |
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